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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4038 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4038

    To amend the Fair Labor Standards Act of 1938 to strengthen the 
      provisions relating to child labor, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2024

   Mr. Lujan introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
    To amend the Fair Labor Standards Act of 1938 to strengthen the 
      provisions relating to child labor, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Act for Responsible 
Employment and Farm Safety of 2024'' or the ``CARE Act of 2024''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
      TITLE I--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938

Sec. 101. Application of child labor laws to independent contractors.
Sec. 102. Revised age requirement for child agricultural employment and 
                            exemptions for hazardous and non-hazardous 
                            work.
Sec. 103. Repeal of waiver provision for hand harvest laborers.
Sec. 104. Pesticide-related worker protection standard.
                  TITLE II--PENALTIES AND ENFORCEMENT

Sec. 201. Increased civil penalties for child labor violations.
Sec. 202. Special criminal penalties for certain aggravated child labor 
                            violations.
           TITLE III--REPORTS AND MEMORANDUM OF UNDERSTANDING

Sec. 301. Report to Congress on child labor and work-related injuries 
                            to children and related matters.
Sec. 302. Employer reporting requirements.
Sec. 303. Memorandum of understanding.
                       TITLE IV--EFFECTIVE DATES

Sec. 401. Effective date for application of child labor laws to 
                            independent contractors.
Sec. 402. Application of other fair labor standards amendments.
Sec. 403. Application of Occupational Safety and Health Act amendments.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Across the United States, there are hundreds of 
        thousands of children who are working in the agricultural 
        industry and performing the grueling work that is required to 
        plant, pick, process, and pack the food that people eat every 
        day.
            (2) Congress included exemptions to the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 201 et seq.) child labor 
        provisions that create separate minimum age thresholds and 
        hazardous occupations rules for children employed in 
        agriculture. Such Act does not limit the number of hours per 
        day or week that children can work in agriculture, nor does it 
        place limits on when that work occurs outside of school hours 
        (i.e., children may work in agriculture for any number of hours 
        per day or week, and at any time during the day or night).
            (3) Historically, children have been permitted to work in 
        agriculture at younger ages, for longer hours, and under more 
        hazardous conditions than other working children. Like most 
        other agricultural workers, children remain excluded from basic 
        protections provided to workers in other industries under 
        Federal employment laws. Even where protections exist under 
        Federal law, Federal agencies lack sufficient resources to 
        conduct investigations and hold employers accountable for 
        violations.
            (4) Allowing children to engage in agricultural work from a 
        young age can result in long-term negative consequences, 
        especially when the child worker is not employed on a family 
        farm where family members take precautions for their children 
        and family members. Working in agriculture as a child can 
        result in an early end to childhood, and long hours worked at 
        unfair and unlawful wages can pose risks to their overall 
        health, education, and lives.
            (5) Child farmworkers suffer work-related fatalities at 
        more than 4 times the rate of other young workers and, 
        according to a 2018 report by the Government Accountability 
        Office, more than half of all work-related child fatalities are 
        in the agriculture industry, often because exceptions are made 
        that allow farmworker children to operate heavy, dangerous 
        equipment and to be exposed to other hazards. Yet, great 
        efforts have been taken to strictly limit the possibility of 
        children in other industries from engaging in dangerous work 
        activities or jobs. The demands imposed by doing agricultural 
        work, coupled with the low pay and poor working conditions, 
        result in shocking drop-out rates from school for child 
        farmworkers. Aside from these risks, farmworker children are 
        exceptionally vulnerable to sexual abuse and harassment by 
        supervisors, company owners, crew leaders, co-workers, and 
        others.

      TITLE I--AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938

SEC. 101. APPLICATION OF CHILD LABOR LAWS TO INDEPENDENT CONTRACTORS.

    The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is 
amended--
            (1) in section 3 (29 U.S.C. 203)--
                    (A) in subsection (d)--
                            (i) by striking ```Employer' includes'' and 
                        inserting ``(1) `Employer' includes'';
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including paragraph (2), subsection (aa), 
                        section 12, and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, a worker)'' after ``employee''; and
                            (iii) by adding at the end the following:
    ``(2) Notwithstanding any other provision in this section, for 
purposes of any child labor provision of this Act, including 
subsections (l) and (aa), section 12, and any provision of this Act 
administering or enforcing such a child labor provision, the term 
`employer' includes any person engaging an individual (including an 
independent contractor) for the performance of work.'';
                    (B) in subsection (j)--
                            (i) by inserting ``(or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, worker)'' after ``employee'' each 
                        place it appears; and
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including section 12 and any provision of this 
                        Act administering or enforcing such a child 
                        labor provision, engaged for work)'' after 
                        ``was employed'';
                    (C) in subsection (l)--
                            (i) by striking ``employment under'' and 
                        inserting ``work under'';
                            (ii) by striking ``employee'' each place it 
                        appears and inserting ``worker'';
                            (iii) by striking ``is employed by'' each 
                        place it appears and inserting ``performs work 
                        for'';
                            (iv) by striking ``employing'' and 
                        inserting ``engaging for work'';
                            (v) by striking ``employment of'' each 
                        place it appears and inserting ``engagement for 
                        work of'';
                            (vi) by striking ``employment in'' and 
                        inserting ``engagement for work in'';
                            (vii) by striking ``employees'' and 
                        inserting ``workers''; and
                            (viii) by striking ``such employment'' and 
                        inserting ``such work'';
                    (D) in subsection (s), by inserting ``(or, for 
                purposes of any child labor provision of this Act, 
                including section 12 and any provision of this Act 
                administering or enforcing such a child labor 
                provision, workers)'' after ``employees'' each place it 
                appears; and
                    (E) by adding at the end the following:
    ``(z) `Work', for purposes of any child labor provision of this 
Act, including subsections (d)(2), (l), and (aa), section 12, and any 
provision of this Act administering or enforcing such a child labor 
provision, means the performance of services for remuneration, 
including employment.
    ``(aa) `Worker', for purposes of any child labor provision of this 
Act, including subsection (l), section 12, and any provision of this 
Act administering or enforcing such a child labor provision, means any 
individual (including an independent contractor or an employee) engaged 
for work by an employer.'';
            (2) in section 11 (29 U.S.C. 211)--
                    (A) in subsection (a)--
                            (i) by inserting ``(or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, work)'' after ``employment''; and
                            (ii) by inserting ``(or, for purposes of 
                        any child labor provision of this Act, 
                        including section 12 and any provision of this 
                        Act administering or enforcing such a child 
                        labor provision, workers)'' after ``such 
                        employees''; and
                    (B) in subsection (c)--
                            (i) by inserting ``or, for purposes of any 
                        child labor provision of this Act, including 
                        section 12 and any provision of this Act 
                        administering or enforcing such a child labor 
                        provision, the persons working for the 
                        employer'' after ``employed by him''; and
                            (ii) by inserting ``(or, for purposes of 
                        any such child labor provision of this Act, 
                        work)'' after ``employment'';
            (3) in section 12 (29 U.S.C. 212)--
                    (A) in subsection (b), by striking ``employment 
                of'' and inserting ``engagement for work of''; and
                    (B) in subsection (d), by striking ``employee'' and 
                inserting ``worker'';
            (4) in section 13 (29 U.S.C. 213)--
                    (A) in subsection (c)--
                            (i) in paragraph (3), by striking 
                        ``employed'' and inserting ``engaged for 
                        work'';
                            (ii) in paragraph (5)--
                                    (I) by striking ``employee'' each 
                                place it appears and inserting 
                                ``worker'';
                                    (II) by striking ``employees'' each 
                                place it appears and inserting 
                                ``workers''; and
                                    (III) in subparagraph (C)--
                                            (aa) in clause (i), by 
                                        striking ``employee's'' each 
                                        place it appears and inserting 
                                        ``worker's''; and
                                            (bb) in clause (iii)(I), by 
                                        striking ``employment'' and 
                                        inserting ``work'';
                            (iii) in paragraph (6)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by striking 
                                        ``employees who are under'' and 
                                        inserting ``workers who are 
                                        under''; and
                                            (bb) by striking ``Employee 
                                        who are 17'' and inserting 
                                        ``Workers who are 17'';
                                    (II) by striking ``employee'' each 
                                place it appears and inserting 
                                ``worker'';
                                    (III) by striking ``employee's'' 
                                each place it appears and inserting 
                                ``worker's'';
                                    (IV) by striking ``of employment'' 
                                each place it appears and inserting 
                                ``of work'';
                                    (V) in subparagraph (F), by 
                                striking ``employees of'' each place it 
                                appears and inserting ``workers of''; 
                                and
                                    (VI) in subparagraph (G), by 
                                striking ``employment'' and inserting 
                                ``engagement for work''; and
                            (iv) in paragraph (7)--
                                    (I) in subparagraph (A)(i), by 
                                striking ``employed'' and inserting 
                                ``engaged for work''; and
                                    (II) in subparagraph (B), in the 
                                matter preceding clause (i), by 
                                striking ``employment'' and inserting 
                                ``engagement for work'';
                    (B) in subsection (d), by inserting ``(or, for 
                purposes of section 12, worker)'' after ``any 
                employee''; and
                    (C) in subsection (f), by inserting ``(or, for 
                purposes of section 11 (with respect to any child labor 
                provision of this Act) and 12, worker)'' after ``any 
                employee''; and
            (5) in section 18C (29 U.S.C. 218c)--
                    (A) by inserting ``(or, for purposes of any child 
                labor provision of this Act, including section 12 and 
                any provision of this Act administering or enforcing 
                such a child labor provision, worker)'' after 
                ``employee'' each place it appears; and
                    (B) by inserting ``(or, for purposes of any child 
                labor provision of this Act, including section 12 and 
                any provision of this Act administering or enforcing 
                such a child labor provision, of work)'' after 
                ``employment'' each place it appears.

SEC. 102. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT AND 
              EXEMPTIONS FOR HAZARDOUS AND NON-HAZARDOUS WORK.

    (a) Revised Age Requirement for Child Agricultural Employment and 
Exemptions for Non-Hazardous Work.--Section 13(c) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking 
paragraph (1) and inserting the following: ``(1) Except as provided in 
paragraph (2), the provisions of section 12 relating to child labor 
shall not apply to any worker--
            ``(A) who is younger than 16 years of age and engaged for 
        work, outside of the school hours for the school district where 
        such worker is living while so engaged, in agriculture by his 
        or her parent, grandparent, aunt, uncle, first cousin, or legal 
        guardian, on a farm that is owned or operated by such parent, 
        grandparent, aunt, uncle, first cousin, or legal guardian, 
        while such worker is so engaged;
            ``(B) who--
                    ``(i) is 16 or 17 years of age; and
                    ``(ii) is engaged for work in agriculture; or
            ``(C) who--
                    ``(i) is 14 or 15 years of age; and
                    ``(ii) is engaged for work in agriculture--
                            ``(I) in an occupation that the Secretary 
                        finds and declares appropriate for the 
                        engagement for work of a child who is 14 or 15 
                        years of age and does not interfere with the 
                        schooling, health, and well-being of such a 
                        child; and
                            ``(II) for periods, and under conditions, 
                        that the Secretary finds and declares 
                        appropriate for the engagement for work of a 
                        child who is 14 or 15 years of age in non-
                        agricultural work and does not interfere with 
                        the schooling, health, and well-being of such a 
                        child.''.
    (b) Exemptions for Hazardous Work.--Section 13(c) of such Act (29 
U.S.C. 213(c)) is further amended by striking paragraph (2) and 
inserting the following:
    ``(2) The provisions of section 12 relating to child labor shall 
apply to any worker younger than 18 years of age engaged for work in 
agriculture in an occupation the Secretary finds and declares to be 
particularly hazardous for the engagement for work of a child younger 
than 18 years of age or detrimental to the health or well-being of such 
a child, except--
            ``(A) with respect to engagement for work, outside of the 
        school hours for the school district where such worker is 
        living while so engaged, in agriculture by his or her parent, 
        grandparent, aunt, uncle, first cousin, or legal guardian, on a 
        farm that is owned or operated by such parent, grandparent, 
        aunt, uncle, first cousin, or legal guardian; or
            ``(B) with respect to engagement for work in agriculture of 
        a worker who--
                    ``(i) is a student learner exempted under section 
                570.72(a) of title 29, Code of Federal Regulations (or 
                any successor regulations);
                    ``(ii) is exempted under section 570.72(b) of title 
                29, Code of Federal Regulations (or any successor 
                regulations), because the worker has completed a 
                training program of the cooperative extension service 
                of a land-grant college or university; or
                    ``(iii) is exempted under section 570.72(c) of 
                title 29, Code of Federal Regulations (or any successor 
                regulations), because the worker is engaged in a 
                vocational agricultural training program.''.

SEC. 103. REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.

    Section 13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
213(c)) is amended by repealing paragraph (4).

SEC. 104. PESTICIDE-RELATED WORKER PROTECTION STANDARD.

    (a) Congressional Finding.--Congress finds and declares that the 
engagement for work of children younger than the age of 18 in the 
occupation of a pesticide handler is particularly hazardous for, and 
detrimental to the health and well-being of, such children.
    (b) Requirement for Secretary of Labor.--Not later than the date 
that is 1 year after the date of enactment of this Act, the Secretary 
of Labor shall revise part 570 of title 29, Code of Federal Regulations 
(as in effect on the date of enactment of this Act), to prohibit the 
engagement for work of a child under the age of 18 as a pesticide 
handler.
    (c) Definition of Pesticide Handler.--
            (1) In general.--For purposes of this section, the term 
        ``pesticide handler'' means, except as provided in subparagraph 
        (B), an individual who--
                    (A) is a child worker performing work at an 
                agricultural establishment or commercial pesticide 
                handling establishment; and
                    (B) is--
                            (i) mixing, loading, transferring, or 
                        applying pesticides;
                            (ii) disposing of pesticides or pesticide 
                        containers;
                            (iii) handling opened containers of 
                        pesticides;
                            (iv) acting as a flagger;
                            (v) cleaning, adjusting, handling, or 
                        repairing the parts of mixing, loading, or 
                        application equipment that may contain 
                        pesticide residues;
                            (vi) assisting with the application of 
                        pesticides;
                            (vii) entering a greenhouse or other 
                        enclosed area--
                                    (I) after the application of a 
                                pesticide and before--
                                            (aa) the inhalation 
                                        exposure level listed in the 
                                        labeling has been reached; or
                                            (bb) one of the ventilation 
                                        criteria described in paragraph 
                                        (3), or in the labeling of the 
                                        pesticide, has been met; and
                                    (II) to--
                                            (aa) operate ventilation 
                                        equipment;
                                            (bb) adjust or remove 
                                        coverings used in fumigation; 
                                        or
                                            (cc) monitor air levels;
                            (viii) entering a treated area outdoors 
                        after application of any soil fumigant to 
                        adjust or remove soil coverings such as 
                        tarpaulins;
                            (ix) performing tasks as a crop advisor--
                                    (I) during any pesticide 
                                application;
                                    (II) before--
                                            (aa) the inhalation 
                                        exposure level listed in the 
                                        labeling has been reached; or
                                            (bb) one of the ventilation 
                                        criteria described in paragraph 
                                        (3), or in the labeling of the 
                                        pesticide, has been met; or
                                    (III) during any restricted-entry 
                                interval; or
                            (x) performing any task or duty--
                                    (I) described in the definition of 
                                the term ``handler'' in section 170.3 
                                of title 40, Code of Federal 
                                Regulations (or any successor 
                                regulations); and
                                    (II) not otherwise described in 
                                clauses (i) through (ix).
            (2) Exception.--The term ``pesticide handler'' described 
        under paragraph (1) does not include any individual who is only 
        handling pesticide containers that have been emptied or cleaned 
        according to pesticide product labeling instructions or, in the 
        absence of such instructions, have been subjected to triple-
        rinsing or its equivalent.
            (3) Ventilation criteria.--The ventilation criteria 
        described in this paragraph are the following:
                    (A) Fumigant.--In the case of a pesticide applied 
                as a fumigant, an individual may not be in the entire 
                greenhouse (and any adjacent structure that cannot be 
                sealed off from the treated area)--
                            (i) until the air concentration is measured 
                        to be equal to or less than the inhalation 
                        exposure level the labeling of the pesticide 
                        requires to be achieved; or
                            (ii) in the case of a pesticide with no 
                        inhalation exposure level listed on the 
                        labeling, until after--
                                    (I) ten air exchanges are 
                                completed;
                                    (II) two hours of ventilation using 
                                fans or other mechanical ventilating 
                                systems;
                                    (III) four hours of ventilation 
                                using vents, windows or other passive 
                                ventilation;
                                    (IV) eleven hours with no 
                                ventilation followed by 1 hour of 
                                mechanical ventilation;
                                    (V) eleven hours with no 
                                ventilation followed by 2 hours of 
                                passive ventilation; or
                                    (VI) twenty-four hours with no 
                                ventilation.
                    (B) Smoke, mist, fog, or aerosol.--In the case of a 
                pesticide applied as a smoke, mist, fog, or aerosol, an 
                individual may not be in the entire enclosed area until 
                the requirements in clause (i) or (ii) of subparagraph 
                (A) are met.
                    (C) Respiratory protection device required for 
                application by the product labeling.--In the case of a 
                pesticide not otherwise covered by subparagraph (A) or 
                (B) and for which a respiratory protection device is 
                required by the product labeling for application, an 
                individual may not be in the treated area until the 
                requirements in clause (i) or (ii) of subparagraph (A) 
                are met.
                    (D) Applied from 12-inches above, as a fine spray, 
                or using pressure greater than 40 psi.--In the case of 
                a pesticide that is not otherwise covered by 
                subparagraph (A), (B), or (C) and is applied from a 
                height of not less than 12 inches from the planting 
                medium, as a fine spray, or using spray pressure 
                greater than 40 pounds per square inch, an individual 
                may not be in the treated area (or any area that is 25 
                feet or less from the enclosed area) until the 
                application of the pesticide is complete and all 
                required re-entry intervals have been maintained.
                    (E) Other.--In the case of a pesticide that is not 
                otherwise covered by subparagraph (A), (B), (C), or 
                (D), an individual may not be in the treated area until 
                the application of the pesticide is complete and all 
                required re-entry intervals have been maintained.
            (4) Definitions.--For purposes of paragraph (1):
                    (A) Agricultural establishment.--The term 
                ``agricultural establishment'' means an establishment--
                            (i) that is an establishment described in 
                        the definition of the term ``agricultural 
                        establishment'' in section 170.3 of title 40, 
                        Code of Federal Regulations (or any successor 
                        regulations); and
                            (ii) to which subpart C of part 170 of 
                        title 40, Code of Federal Regulations (or any 
                        successor regulations) applies.
                    (B) Child worker.--The term ``child worker'' has 
                the meaning given the term ``worker'' in section 3 of 
                the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
                    (C) Pesticide.--The term ``pesticide'' has the 
                meaning given that term in section 2 of the Federal 
                Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
                136).
                    (D) Other terms.--The terms ``commercial pesticide 
                handling establishment'', ``crop advisor'', ``farm'', 
                ``forest'', ``fumigant'', ``greenhouse'', ``nursery'', 
                ``restricted-entry interval'', and ``treated area'' 
                have the meanings given such terms in section 170.3 of 
                title 40, Code of Federal Regulations (or any successor 
                regulations).

                  TITLE II--PENALTIES AND ENFORCEMENT

SEC. 201. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.

    (a) In General.--Section 16(e)(1) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 216(e)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``not to exceed'' and inserting ``of an amount (subject 
                to subparagraph (D)) that is''; and
                    (B) by striking clauses (i) and (ii) and inserting 
                the following:
            ``(i) not less than $1,000 and not more than $156,290 for 
        each worker who was the subject of such a violation, which 
        penalty may be doubled in the case of a violation described in 
        subparagraph (C); or
            ``(ii) not less than $1,000 and not more than $710,310 with 
        regard to each violation of section 12 or 13(c), relating to 
        child labor, or any regulation issued pursuant to such a 
        section, that causes the death or serious injury of any worker 
        younger than the age of 18 years, which penalty may be doubled 
        in the case of a violation described in subparagraph (C).''; 
        and
            (2) by adding at the end the following:
    ``(C) For purposes of penalties that may be doubled under clause 
(i) or (ii) of subparagraph (A), a violation described in this 
subparagraph is a violation--
            ``(i) that is a repeated or willful violation;
            ``(ii) that has occurred within 10 years of the final 
        disposition of another violation of section 12 or 13(c), 
        relating to child labor, or any regulation issued pursuant to 
        such a section; or
            ``(iii) for which the employer that committed the violation 
        is found, during the period in which the person was 
        investigated for such violation, to have engaged for work more 
        than 10 children in such a violation.''.
    (b) Adjustment of Amounts for Inflation.--Section 16(e)(1) of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 216(e)(1)), as amended by 
subsection (a), is further amended by adding at the end the following:
            ``(D) The dollar amounts referred to in clauses (i) and 
        (ii) of subparagraph (A) shall be increased annually, for 
        fiscal year 2025 and every fiscal year thereafter, by the 
        percent increase, if any, in the consumer price index for all 
        urban consumers (all items; United States city average) for the 
        most recent 12-month period for which applicable data is 
        available.''.

SEC. 202. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR 
              VIOLATIONS.

    Section 16(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
216(a)) is amended--
            (1) by striking ``Any'' and inserting ``(1) Any'';
            (2) by inserting ``(other than subsection (a)(4) of such 
        section)'' after ``section 15'';
            (3) by striking ``subsection'' each place it appears and 
        inserting ``paragraph''; and
            (4) by adding at the end the following:
    ``(2)(A) Any person who violates section 15(a)(4) shall upon 
conviction thereof be subject to a fine of (subject to subparagraph 
(B)) not more than $750,000, or to imprisonment for not more than 5 
years, or both.
    ``(B) The dollar amounts referred to in subparagraph (A) shall be 
increased annually, for fiscal year 2025 and every fiscal year 
thereafter, by the percent increase, if any, in the consumer price 
index for all urban consumers (all items; United States city average) 
for the most recent 12-month period for which applicable data is 
available.''.

           TITLE III--REPORTS AND MEMORANDUM OF UNDERSTANDING

SEC. 301. REPORT TO CONGRESS ON CHILD LABOR AND WORK-RELATED INJURIES 
              TO CHILDREN AND RELATED MATTERS.

    The Fair Labor Standards Act of 1938 is amended by inserting after 
section 12 (29 U.S.C. 212) the following new section:

``SEC. 12A. DATA ON CHILD LABOR AND WORK-RELATED INJURIES TO CHILDREN 
              AND RELATED MATTERS.

    ``(a) Data Analysis.--Using the sources specified in subsection 
(b), the Secretary shall analyze data concerning--
            ``(1) the number of children younger than 18 years of age 
        who are engaged for work in agriculture and non-agricultural 
        sectors; and
            ``(2) any work-related serious injury (as such term is 
        defined in section 16(e)(1)(B) or death of any such child.
    ``(b) Sources Specified.--The sources referred to in subsection (a) 
are the following:
            ``(1) Sources within the Department of Labor, including the 
        Wage and Hour Division, the Bureau of Labor Statistics, and the 
        Occupational Safety and Health Administration.
            ``(2) State employment security agencies and other relevant 
        State agencies.
            ``(3) The National Institute for Occupational Safety and 
        Health.
    ``(c) Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the CARE Act of 2024, and annually thereafter, the 
        Secretary shall submit a report to Congress which shall 
        include--
                    ``(A) a summary of the data collected by the 
                Secretary under--
                            ``(i) this section; and
                            ``(ii) section 8(c)(2) of the Occupation 
                        Safety and Health Act of 1970 (29 U.S.C. 
                        657(c)(2)) with respect to the death, serious 
                        injury or illness of a child younger than 18 
                        years of age;
                    ``(B) an evaluation, based on such data, that 
                reflects the status of child labor in agricultural and 
                non-agricultural sectors and related industry safety 
                and health hazards; and
                    ``(C) any information, based on such data, that 
                leads the Secretary to believe that children younger 
                than 18 years of age may have been engaged for work in 
                violation of section 12.
            ``(2) Publication.--The Secretary shall, on the date that 
        the Secretary submits each report under paragraph (1) to 
        Congress, publish each such report in the Federal Register and 
        on the website of the Department of Labor.''.

SEC. 302. EMPLOYER REPORTING REQUIREMENTS.

    Section 8(c)(2) of the Occupation Safety and Health Act of 1970 (29 
U.S.C. 657(c)(2)) is amended by inserting ``, including the age of the 
individual involved'' before the period at the end.

SEC. 303. MEMORANDUM OF UNDERSTANDING.

    Not later than 90 days after the date of enactment of this Act, the 
Assistant Secretary of Labor for Occupational Safety and Health and the 
Administrator of the Wage and Hour Division of the Department of Labor 
shall enter into a memorandum of understanding--
            (1) to coordinate information sharing and facilitate 
        enforcement activities between the Occupational Safety and 
        Health Administration and the Wage and Hour Division, including 
        with respect to--
                    (A) records and reports provided to the Secretary 
                of Labor pursuant to section 8(c) of the Occupational 
                Health and Safety Act of 1970 (29 U.S.C. 657(c)) or in 
                accordance with a State plan that has been approved by 
                the Secretary under section 18 of the Occupational 
                Safety and Health Act of 1970 (29 U.S.C. 667); and
                    (B) any other information available to the 
                Assistant Secretary of Labor for Occupational Safety 
                and Health regarding any injury, illness, or fatality 
                involving a worker who is a child younger than 18 years 
                of age;
            (2) that provides that the Assistant Secretary of Labor for 
        Occupational Safety and Health shall encourage each State 
        agency that administers such a State plan in a State to 
        participate in information sharing activities under the 
        memorandum of understanding; and
            (3) that is based on the agreement entitled ``Memorandum of 
        Understanding Between the U.S. Department of Labor, 
        Occupational Safety and Health Administration and the U.S. 
        Department of Labor, Wage and Hour Division'' and made 
        effective on May 4, 2023.

                       TITLE IV--EFFECTIVE DATES

SEC. 401. EFFECTIVE DATE FOR APPLICATION OF CHILD LABOR LAWS TO 
              INDEPENDENT CONTRACTORS.

    The amendments made by section 101 shall take effect on the date 
that is 1 year after the date of enactment of this Act.

SEC. 402. APPLICATION OF OTHER FAIR LABOR STANDARDS AMENDMENTS.

    (a) Rulemaking.--Not later than the date that is 12 months after 
the date of enactment of this Act, the Secretary of Labor shall 
prescribe rules as necessary to implement the amendments made by 
sections 102 and 103 and by title II and the revision required by 
section 104(b). Any such rules issued shall take effect not later than 
30 days after the date on which the rules are published in the Federal 
Register.
    (b) Violations.--The amendments made by sections 102 and 103 and by 
title II and the revision required by section 104(b) shall apply to 
violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et 
seq.) that occur after the date on which the rules issued under 
subsection (a) take effect.
    (c) Rule of Construction.--Nothing in the amendments made by 
sections 102 and 103 and by title II and the revision required by 
section 104(b) shall be construed to preempt any State law that 
provides protections or remedies for employees that are greater than 
the protections or remedies provided under such amendments or such 
revision.

SEC. 403. APPLICATION OF OCCUPATIONAL SAFETY AND HEALTH ACT AMENDMENTS.

    (a) Rulemaking.--Not later than the date that is 12 months after 
the date of enactment of this Act, the Secretary of Labor shall 
prescribe rules as necessary to implement the amendment made by section 
302. Any such rules issued shall take effect not later than 30 days 
after the date on which the rules are published in the Federal 
Register.
    (b) Violations.--The amendment made by section 302 shall apply to 
work-related deaths, injuries, and illnesses that occur after the date 
on which the rules issued under paragraph (1) take effect.
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